Download Cases & Materials on the Carriage of Goods By Sea 3 e by Martin Dockray PDF

By Martin Dockray

Situations  fabrics at the Carriage of products via Sea features a selection of legislative fabric, average shape contracts and up to date assurance of English case legislation. It covers the foremost components of chartering and money owed of lading, in addition to concerns equivalent to exclusion and dilemma of legal responsibility. This variation has been comprehensively up to date and provides the most recent situations to its robust insurance of vintage professionals. remarkable additions within the chapters facing debts of lading comprise The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. at the Carriage of products by means of Sea Act 1992, the real judgements of The Berge Sisar and East West Corp are integrated, whereas key contemporary judgements on chartering, similar to The Hill concord, The satisfied Day and The Stolt Spur are totally handled. This ebook offers an up to date number of fabrics in terms of the carriage of products by way of sea with a purpose to be of worth to either scholars of legislation and felony practitioners.

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Sample text

Can these special features be proved to have influenced the form of what is mostly judge-made law? It would not be easy to show this in some branches of the common law. But the problem is not so great in the case of the law of carriage by sea. For there is a long tradition of looking at this subject as more than a closed set of technical rules. This means that it is not difficult to collect examples of judgments which determine the law only after consideration of the policy that makes the most sense in the special context in which maritime contracts are performed.

But the wide use of certain forms also means that a judicial decision which disturbs an accepted construction of a document may retrospectively affect many transactions entered into on the basis of that previously accepted meaning. This may influence the willingness of the courts to reverse a settled interpretation. But so too does the knowledge that shipping circles show no reluctance to make amendments to standard forms in order to avoid anything seen as an unsatisfactory precedent. So much for some of the special features of the trade.

Can these special features be proved to have influenced the form of what is mostly judge-made law? It would not be easy to show this in some branches of the common law. But the problem is not so great in the case of the law of carriage by sea. For there is a long tradition of looking at this subject as more than a closed set of technical rules. This means that it is not difficult to collect examples of judgments which determine the law only after consideration of the policy that makes the most sense in the special context in which maritime contracts are performed.

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